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    gurvi's Avatar
    gurvi Posts: 3, Reputation: 1
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    #1

    Sep 5, 2007, 01:24 PM
    ITIN for J2 resident alien
    Hi! I came to US on a J1 in 2004 and became a resident alien for filing 2006 taxes. My son, came with me as a J2 and hence is a resident alien too. However, when I applied for his ITIN, his application was rejected because of the tax treaty b/w India and US. To what I know, that treaty holds good only for the first 2 years till I am a resident alien and not thereafter and hence he is eligible for ITIN. Am I correct? And can you please give me the exact treaty details so that I can quote them in my correspondence with the ITIN department

    Thanks a lot for your help.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Sep 5, 2007, 07:07 PM
    When you filed your tax return, you had to attach a statement as to WHY you are filing as a resident alien. You can find the treaty article in IRS Pub 901 in the table in the back of the pub.
    gurvi's Avatar
    gurvi Posts: 3, Reputation: 1
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    #3

    Sep 6, 2007, 08:51 AM
    Thanks for your advice. I really appreciate it. So does that mean Ihave to quote Article 22. Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Sep 6, 2007, 01:58 PM
    No, just CITE Article 22.
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